Citation Nr: 0806492
Decision Date: 02/26/08 Archive Date: 03/03/08
DOCKET NO. 04-12 536 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in
Philadelphia, Pennsylvania
THE ISSUE
Entitlement to an increased rating for a follicular based
rash, tinea/eczema, currently rated as 10 percent disabling.
REPRESENTATION
Appellant represented by: David L. Huffman, Attorney
WITNESS AT HEARINGS ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
Robert E. P. Jones, Counsel
INTRODUCTION
The veteran had active service from February 1965 to February
1967.
This matter is before the Board of Veterans' Appeals (Board)
on appeal from a rating decision by the Department of
Veterans Affairs (VA) Regional Office in Philadelphia,
Pennsylvania.
The veteran's claims for service connection for a jaw
disorder and for a liver disorder were denied by the Board in
May 2006. The veteran's claim for an increased rating for a
skin disorder, his only claim currently in appellate status,
was remanded by the Board in May 2006, and again in August
2007.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
In January 2008 the veteran testified at a video hearing
before the undersigned Veterans Law Judge. The veteran
reported that he underwent periodic treatment for his skin
condition at a VA medical facility. He stated that he had
received VA treatment for his skin disability in the week
prior to the hearing. The Board notes that a May 2004 VA
outpatient record is the most recent VA treatment record in
the claims file. The VA has a duty to assist the veteran in
obtaining the veteran's recent VA medical records related to
his skin disability. See 38 C.F.R. § 3.159(c)(2).
The veteran also asserted at his hearing that the most recent
VA medical examination of his skin was inadequate. He
testified that his skin rash covers almost his entire body
and that the VA examiner did not inspect his entire body.
The veteran and his representative have requested that the
veteran be provided a new VA dermatological examination.
The Board notes that the veteran has not been provided the
notice required under 38 U.S.C.A. § 5103(a) (West 2002).
See Vazquez-Flores v. Peake, No. 05-0355, (U.S. Vet. App.
January 30, 2008).
Accordingly, the case is REMANDED for the following action:
1. Send the veteran a letter providing
the notice required under 38 U.S.C.A. §
5103(a) (West 2002) as required by
Vazquez-Flores v. Peake.
2. Obtain copies of all of the veteran's
VA medical records dated from June 2004 to
present.
3. Arrange the veteran to have a VA
dermatological examination to determine
the extent and severity of his skin
disorder. The claims file and a copy of
this remand should be made available to
and be reviewed by the examiner. The
examiner is requested to examine the
veteran's entire body and to note on the
examination report whether the veteran's
entire body was examined. The examiner
should describe the manifestations of the
skin disorder, in terms of the percent of
the total body area and percent of exposed
areas affected by lesions. The examiner
should also document the treatment given
for the skin disorder, including the
duration of use of any systemic therapy
such as corticosteroids or other
immunosuppressive drugs. The examiner
should also determine whether the skin
disorder is manifested by constant
exudation or itching, extensive lesions,
or marked disfigurement.
4. If the benefit sought on appeal is not
granted to the veteran's satisfaction, the
veteran and his representative should be
provided a supplemental statement of the
case and be afforded the appropriate
opportunity to respond.
The appellant has the right to submit additional evidence and
argument on the matter the Board has remanded. Kutscherousky
v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007).
______________________________________________
MARY GALLAGHER
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).